An Faq Review Of The Deshaun Watson Case As The Nfl Ponders A Suspension

Once the NFL investigation of Deshaun Watson is complete, disciplinary officer Sue L. Robinson, a former U.S. District Court Judge, will rule on any discipline, including suspension.

Once the NFL investigation of Deshaun Watson is complete, disciplinary officer Sue L. Robinson, a former U.S. District Court Judge, will rule on any discipline, including suspension.


An FAQ review of the Deshaun Watson case as the NFL ponders a suspension

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Editor's note: Tony Grossi is a Cleveland Browns analyst for TheLandOnDemand.com and 850 ESPN Cleveland.

FAQs on the NFL investigation of possible violations of the personal conduct policy by Deshaun Watson …


When will the NFL announce a suspension of Watson?


Lead investigator Lisa Friel completed a two-day interview of Watson this week in Houston. In previous personal conduct cases, interviewing the player in question has been one of the last pieces of the NFL investigation. Unless Friel conducts further interviews, she and her staff would compose a report of their findings and present them to a disciplinary officer jointly selected by the NFL and the players union. The disciplinary officer then will decide if a violation occurred and what discipline is warranted. The disciplinary officer in Watson’s case is Sue L. Robinson. Her decision could come at any time after receiving Friel’s investigative report.


What makes these women qualified for their roles in this case?


Friel was hired by the NFL in 2015 as senior vice president and special counsel for investigations. Prior to joining the NFL, Friel worked for 28 years as a Manhattan prosecutor, specializing in sex crimes. Robinson served as a U.S. District Court Judge for the District of Delaware from November 1991 through July 2017.


If two Houston grand juries declined to bring criminal charges against Watson, why is Watson still subject to a possible suspension?


Watson is facing 22 civil lawsuits brought by licensed massage therapists accusing him of sexual assault and sexual misconduct in 2020 and 2021 in the Houston area. The league personal conduct policy, which was agreed to by the players union, states: “Even if the conduct does not result in a criminal conviction, players found to have engaged in any of the following conduct will be subject to discipline. Prohibited conduct includes but is not limited to the following:


* Actual or threatened physical violence against another person, including dating violence, domestic violence, child abuse, and other forms of family violence;


* Assault and/or battery, including sexual assault or other sex offenses;


* Violent or threatening behavior toward another employee or a third party in any workplace setting;


* Stalking, harassment, or similar forms of intimidation;


* Illegal possession of a gun or other weapon (such as explosives, toxic substances, and the like), or possession of a gun or other weapon in any workplace setting;


* Illegal possession, use, or distribution of alcohol or drugs;


* Possession, use, or distribution of steroids or other performance enhancing substances;


* Crimes involving cruelty to animals as defined by state or federal law;


* Crimes of dishonesty such as blackmail, extortion, fraud, money laundering, or racketeering;


* Theft-related crimes such as burglary, robbery, or larceny;


* Disorderly conduct;


* Crimes against law enforcement, such as obstruction, resisting arrest, or harming a police officer or other law enforcement officer;


* Conduct that poses a genuine danger to the safety and well-being of another person; and


* Conduct that undermines or puts at risk the integrity of the NFL, NFL clubs, or NFL personnel.”


What are the possible sanctions if Watson is found guilty of violating the policy?


Per the policy, “With regard to violations of the Policy that involve: (i) criminal assault or battery (felony); (ii) domestic violence, dating violence, child abuse and other forms of family violence; or (iii) sexual assault involving physical force or committed against someone incapable of giving consent, a first violation will subject the violator to a baseline suspension without pay of six games, with possible upward or downward ad
justments based on any aggravating or mitigating factors.”

What factors could result in a downward adjustment of a six-game suspension?


Per the policy, “Possible mitigating factors include prompt acceptance of responsibility and cooperation with any league investigation, voluntary engagement with appropriate clinical resources and demonstrated compliance with any recommended program of counseling or other therapeutic intervention, and voluntary restitution with the victim.”


Hasn’t Watson denied any wrongdoing and renounced the prospect of counseling?

Yes. At his Browns introductory press conference on March 25, Watson said, “I never did the things that these people are alleging, and I will continue to fight for my name and clear my name, and like I have been doing, just cooperating with everything that comes with it and just keep moving forward.” On the issue of future counseling, Watson said, “It is hard for me to say the counseling part because I do not have a problem. I do not have an issue, and that is what I have been saying from the beginning. The situation is definitely tough, and it is very difficult. But me as having a problem and going to counseling and things like that, I am willing to talk to people about certain situations to make sure I am not getting back in this.”

What’s unique about the Watson case?


It’s the first personal conduct case under review since the 2020 collective bargaining agreement revised the policy and replaced Commissioner Roger Goodell with a mutually agreed disciplinary officer. (However, Goodell still has the discretion of increasing the penalty if he sees fit and if Watson appeals the decision, Goodell would rule on the appeal.) Also, there has never been a case with such a volume of complaints against a player.


Do the Browns expect a suspension?


One week after the Watson trade become official, the Browns signed free agent quarterback Jacoby Brissett to a one-year contract for $4.65 million in salary and bonuses. Coach Kevin Stefanski referred to Brissett’s 37 career starts with three teams as “valuable.” “You have a young player who has played a good amount of football in his career. He has won games. He understands how to play the position. He understands how to take care of the ball and how to lead. He understands how to win without getting any reps in a given week … I just think there is value with that position understanding his role and understanding that his role can change in a moment’s notice.” On the uncertainty of a possible suspension of Watson, Stefanski said, “Everybody has to be ready to plan, and then as more information becomes available, then we can adjust how we structure practice, how we structure rotations and those type of things. Absent that information, I can’t really speculate just yet, but certainly as more information comes out, we will be ready to adjust and address any new information.”


Why does it seem like the heat is turned up on the NFL to lower the boom on Watson and be aggressive in its discipline?


Some NFL owners are furious that Jimmy Haslam broke precedent and fully-guaranteed Watson’s five-year contract for $230 million. That precedent will encourage elite quarterbacks to seek fully-guaranteed contracts in the future. They could be pressuring Goodell to not be lenient in disciplining Watson. Also, MLB’s two-year suspension of Trevor Bauer for violating baseball’s joint domestic violence, sexual assault and child abuse policy has focused attention on how the NFL disciplines Watson. Bauer was not charged or convicted of a crime, but a woman accused him of punching her during consensual sex. Bauer is appealing the MLB discipline and is suing the woman for defamation.